S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4457
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 4, 2019
                                ___________
 
 Introduced by M. of A. B. MILLER, FINCH -- read once and referred to the
   Committee on Education
 
 AN  ACT  to  amend  chapter  57  of the laws of 2012, relating to school
   district eligibility for an increase in apportionment  of  school  aid
   and implementation of new standards for conducting annual professional
   performance  reviews to determine teacher and principal effectiveness,
   in relation to providing a four percent across the board  increase  to
   funding allocated to school districts in New York state
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1.  Section 1 of part A of chapter 57 of  the  laws  of  2012,
 relating to school district eligibility for an increase in apportionment
 of  school aid and implementation of new standards for conducting annual
 professional performance reviews  to  determine  teacher  and  principal
 effectiveness, is amended to read as follows:
   Section 1. Notwithstanding any inconsistent provision of law, [no] ALL
 school  [district]  DISTRICTS  shall be eligible for an apportionment of
 general support for public schools from the funds appropriated  for  the
 2012-13 school year in excess of the amount apportioned to such district
 for  the  same  time  period  during  the  base year [unless such school
 district has submitted documentation  that  has  been  approved  by  the
 commissioner  of education by January 17, 2013 demonstrating that it has
 fully implemented new standards and  procedures  for  conducting  annual
 professional  performance  reviews  of  classroom  teachers and building
 principals to determine teacher and  principal  effectiveness  including
 but  not limited to providing for (i) state assessments and other compa-
 rable measures which shall comprise twenty or twenty-five percent of the
 evaluation; (ii) locally selected measures of  the  student  achievement
 subcomponent which shall comprise twenty or fifteen percent of the eval-
 uation;  (iii)  subjective  measures  of  effectiveness  that  have been
 approved by the commissioner with the majority of such points  based  on

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD06601-01-9

 A. 4457                             2

 multiple observations by an administrator or principal with at least one
 unannounced  observation  which  shall comprise 60 percent of the evalu-
 ation; and (iv) a scoring rubric which ensures that it  is  possible  to
 receive  any one of four ratings limited to highly effective, effective,
 developing and ineffective; provided however that if any  such  payments
 in  excess  of the amount apportioned to such district for the same time
 period during the base year were made, and the school district  has  not
 submitted  documentation that it has fully implemented new standards and
 procedures as set forth above that has been approved by the commissioner
 of education by January 17, 2013, the  total  amount  of  such  payments
 shall be deducted by the commissioner from future payments to the school
 district;  provided  further  that,  for the 2012-13 school year if such
 deduction is greater than the sum of  the  amounts  available  for  such
 deductions,  the  remainder  of  the  deduction  shall  be withheld from
 payments scheduled to be made to the school district pursuant to section
 3609-a of the education  law  for  the  2013-14  school  year;  provided
 further  that  notwithstanding  any inconsistent provision of law to the
 contrary such documentation shall include a plan adopted by the  govern-
 ing  board  of  the  school  district for conducting annual professional
 performance reviews of classroom teachers and building  principals  that
 has  been  approved  by  the commissioner, and in order to be approvable
 such plan shall conform with  the  requirements  for  conducting  annual
 professional  performance  reviews  of  classroom  teachers and building
 principals, including but not limited to (i) state assessments and other
 comparable measures which shall comprise twenty or  twenty-five  percent
 of  the  evaluation;  (ii)  locally  selected  measures  of  the student
 achievement subcomponent which shall comprise twenty or fifteen  percent
 of  the evaluation; (iii) subjective measures of effectiveness that have
 been approved by the commissioner with the majority of such points based
 on multiple observations by an administrator or principal with at  least
 one unannounced observation which shall comprise 60 percent of the eval-
 uation;  and  (iv) a scoring rubric which ensures that it is possible to
 receive any one of four ratings limited to highly effective,  effective,
 developing and ineffective; consistent with and conforms to a chapter of
 the  laws  of 2012 amending the education law relating to annual profes-
 sional performance review of classroom teachers and building  principals
 and  the  teacher  evaluation appeal process in the city of New York, as
 proposed in legislative bill numbers S.6732  and  A.9554,  and  provided
 further  that  for  a school district in a city with a population of one
 million or more, notwithstanding any inconsistent provision of  law,  no
 such  school  district shall be eligible for an apportionment of general
 support for public schools from the funds appropriated for  the  2012-13
 school  year  in  excess of the amount appropriated to such district for
 the same time period during the base year unless  such  school  district
 has  submitted  documentation that has been approved by the commissioner
 by January 17, 2013 demonstrating that it  has  adopted  an  expeditious
 appeals process pertaining to the annual professional performance review
 of  classroom  teachers  and building principals that is consistent with
 and conforms to a chapter of the laws of 2012 amending the education law
 relating to annual professional performance review of classroom teachers
 and building principals and the teacher evaluation appeal process in the
 city of New York, as proposed in legislative  bill  numbers  S.6732  and
 A.9554,  and if any such payments in excess of the amount apportioned to
 such district for the same time period during the base year  were  made,
 and  the  school  district has not submitted documentation that has been
 approved by the commissioner by January 17, 2013 that it has adopted  an

 A. 4457                             3

 expeditious  appeals  process  pertaining  to  the  annual  professional
 performance review of classroom teachers and building principals that is
 consistent with and conforms to a chapter of the laws of  2012  amending
 the  education law relating to annual professional performance review of
 classroom teachers and building principals and  the  teacher  evaluation
 appeal  process in the city of New York, as proposed in legislative bill
 numbers S.6732 and A.9554, the total amount of such  payments  shall  be
 deducted  by  the  commissioner  from  future  payments  to  the  school
 district; and provided further that, for the 2012-13 school year if such
 deduction is greater than the sum of  the  amounts  available  for  such
 deductions,  the  remainder  of  the  deduction  shall  be withheld from
 payments scheduled to be made to the school district pursuant to section
 3609-a of the education law for the 2013-14 school year].
   § 2. Allocated aid provided pursuant to chapter 57 of the laws of 2012
 relating to school district eligibility for an increase in apportionment
 of school aid and implementation of new standards for conducting  annual
 professional  performance  reviews  to  determine  teacher and principal
 effectiveness, shall be distributed equally amongst all school districts
 without regard to any formula established for the distribution of school
 aid under the education law.
   § 3. This act shall take effect immediately and  shall  be  deemed  to
 have  been  in  full  force  and effect on the same date and in the same
 manner as section 1 of part A of chapter 57 of the laws  of  2012,  took
 effect.